A member asked almost 9 years ago

Trust purpose

Is a trust only for money? Can I create a trust over other property such as vehicles or shares?

Chris Wall
Solicitor/Director at Walker Gibbs and King P/L

No and yes respectively!

A trust is where an entity (person or company) owns something either for a particular purpose, or fora particular person or group.

If I give you $500 in Sydney to buy a Peugeot 504 for me in Adelaide (where there is no rust), and you buy one and register it inyour name to drive it back,then you are the legal owner, and I am the beneficial or equitableowner. You are the trustee and I am the beneficiary.

Share held by a super fund are held by the trustee for the person who has the superannuation interest. That sort of trust must comply with government rules to get superannuation tax concessions.

Sometimes trusts can arise by accident. When your daughter and son-in-law build a house on your rural land, and you are going to subdivide it off, butyou die before that happens (and you will leaves your estate to your 3 children), then the executor may hold part of the land as trustee (a proportion determined by looking at the value added by the house) for the daughter and son-in-law...it actually may be a bit more complicated than that, but there will probably be a trust.

The documents that create a trust are usually a will (executor is a trustee), or a trust deed.

Any property can usually be the subject of a trust.

Answered almost 9 years ago   Legal disclaimer

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